LINES OF BETRAYAL AND HOW COLONIAL CARTOGRAPHY STOLE PAPUA NEW GUINEA’S SOVEREIGNTY AND SILENCED ITS ANCESTRAL SEAS

Take Back What Belongs to PNG

Truth Be Told – On PNG’s 50th Anniversary

6th September, 2025

The document Crimes of Independence presents a compelling and emotionally charged critique of Papua New Guinea’s post-colonial territorial boundaries, particularly the exclusion of the Torres Strait Islands from its sovereign domain. Framed as a legal and moral indictment of Australia’s cartographic decisions in the lead-up to PNG’s independence in 1975, the commentary argues that the delineation of the maritime border constituted a deliberate act of dispossession, violating customary land rights, international legal principles, and the spirit of decolonization.

At the heart of the argument is the assertion that the 1974 map drawn by Australian authorities unilaterally severed ancestral and cultural ties between the Western Province of PNG and the Torres Strait Islands. The author contends that this act amounted to a “crime” under both British common law and Papua New Guinea’s legal framework, particularly referencing the principle of trespass to land and conversion, which in common law denote unlawful interference with property rights. The deprivation of traditional fishing grounds, sacred sites, and familial connections is likened to theft, invoking Section 383 of the PNG Criminal Code Act, which defines stealing as the unlawful taking of property with intent to permanently deprive the owner.

The commentary draws upon anthropological and linguistic evidence to support the claim of shared heritage between Torres Strait Islanders and mainland Papuans, particularly the Bine-speaking peoples and the Dariem clan of Masingara village. These connections, it argues, predate colonial boundaries and are rooted in customary law, which is recognized under PNG’s Constitution (Schedule 2.1) as a source of legal authority. The invocation of the “Kuiam Line” "a folkloric boundary of Melanesian influence" is used to illustrate the cultural continuity that was disrupted by the imposition of the international border.

Legally, the document challenges the legitimacy of the 1978 Torres Strait Treaty, which formalized the maritime boundary between PNG and Australia. While the treaty includes provisions for traditional fishing rights and free movement, the author argues that it fails to redress the original injustice and instead institutionalizes an unequal arrangement. This critique aligns with broader concerns in international law regarding the principle of uti possidetis juris, which protects colonial borders at the expense of indigenous claims. The document suggests that Australia, as the administering power under the UN Trusteeship system, had a fiduciary duty to consult and compensate affected communities is a duty that was allegedly breached.

The social and economic consequences of the border are portrayed as severe and enduring. The loss of access to shipping lanes, offshore oil and gas reserves, and marine resources has had a detrimental impact on PNG’s development. Moreover, the border has disrupted traditional practices such as church visitations, trade, and family reunions, undermining the social fabric of border communities. These grievances are framed not merely as historical injustices but as ongoing violations of human rights, particularly the right to cultural identity and freedom of movement as enshrined in international instruments such as the International Covenant on Civil and Political Rights (ICCPR), to which both PNG and Australia are parties.

Chairman Sawabarri’s Legal Pursuit

In the document, Chairman Peter Niwia Sawabarri “of the Masaingle Association and the Dariem Clan of Masingara village” states that former Prime Minister Grand Chief Sir Michael Somare supported his association’s legal claim in the Australian Federal Court system. This claim was part of a broader effort to seek recognition of pre-sovereignty land and sea rights over the Torres Strait, which the document argues were unlawfully severed by Australia’s 1974 cartographic decisions.

While the document doesn’t provide the specific name or docket number of the case, it emphasises that Somare’s support was rooted in a sense of betrayal and deception regarding the original map presented in 1974. Somare reportedly felt misled into signing off on territorial boundaries that excluded the Torres Strait Islands from PNG’s sovereignty.

Chairman Sawabarri’s legal argument draws heavily on:

• British and Australian common law, particularly the doctrines of trespass and conversion.

• PNG’s Criminal Code Act Section 383, defining theft.

• International law, including obligations under the UN Trusteeship system and the principle of uti possidetis juris.

• The precedent set by Mabo v Queensland (No 2) [1992] HCA 23, which recognized native title under Australian law. The Chairman asserts that Eddie Mabo’s Meriam people are a subclan of the Dariem Clan, thereby linking the High Court’s recognition of native title to the Papuan mainland.

Crimes of Independence .pdf

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Recent legal actions by Torres Strait Islanders in Australia further underscore the urgency of these issues. In 2025, the Australian Federal Court ruled against Torres Strait Islanders who alleged that the government had failed to protect them from climate change impacts. The court found no duty of care owed by the Commonwealth. Separately, a group of Torres Strait Islanders filed a petition with the UN Human Rights Committee, arguing that Australia’s inaction on climate change violated their rights under the ICCPR. These cases reflect a growing legal consciousness among Torres Strait communities and their allies and one that aligns with Chairman Sawabarri’s broader call for justice and recognition.

The document concludes with a call for political and legal redress. It urges a new generation of PNG leaders to confront this “unfinished business” by seeking recognition of pre-sovereignty land rights, initiating diplomatic dialogue, and potentially pursuing remedies through international legal forums. The legacy of Eddie Mabo, whose landmark case affirmed indigenous land rights, is invoked as a precedent for challenging colonial-era dispossession.

In sum, Crimes of Independence is a provocative and legally grounded commentary that seeks to reframe PNG’s independence not as a moment of liberation, but as a moment of loss. It calls for a re-examination of the legal and moral foundations of the nation’s borders and urges both domestic and international audiences to reckon with the enduring consequences of colonial cartography. Whether one agrees with its conclusions or not, the document raises urgent questions about sovereignty, justice, and the meaning of independence in a post-colonial world.